If you or someone you know have been affected
by a car accident, you ought to be aware that evidence is crucial when it comes
to recovering money in the form of an auto accident
insurance claim from the insurer or through a civil personal injury
or wrongful death lawsuit.
Prolific Phoenix, AZ accident lawyers
point out that evidence can make or break your case. Therefore, it goes without
saying that it is imperative to gather as much evidence as possible and present
it in the most effective manner possible to influence the outcome of the case
and potentially file a successful car accident lawsuit.
Evidence and burden of proof
Another paramount aspect of civil
lawsuits is that the plaintiff is responsible to prove the claims within the
lawsuit and the person being accused (the defendant) is considered innocent
until proven guilty. Therefore, the burden of proof is on the plaintiff. This
is another compelling reason as to why you need an Arizona accident attorney by
your side during litigation. To prove a
car accident lawsuit is no walk in the park.
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Duty of care
Proving an auto accident claim will
include four phases, the first of which is duty of care. Duty of care is
generally easy to establish because of the fact that anyone operating on public
roads owes the duty of driving with care and consideration towards other
motorists, pedestrians, and workers on the roads. Therefore, it is generally
not a challenge to establish that the defendant owed the plaintiff duty of
care.
Now in the movie Mad Max: Fury Road with
Max Rockatansky (Tom Hardy) and Imperator Furiosa (Charlize Theron) wrecked and
smashed a plenitude of automobiles and vehicles since they were trying to save
their own lives and their people. They did not owe their pursuers any duty of
care since they actions were made in self-defense and also because this was an
anarchist and unkind world where reality was twisted: a true dystopia.
This is not a dystopia and you need to
drive with a duty of care for your fellow citizen. If you do not, society and
the law will treat you accordingly.
Breach of duty
The tricky part is to actually prove
that the defendant (who owed the plaintiff the duty of care) actually violated
this duty. This is where evidence and the effective presentation of the
evidence come into play, say accident lawyers in Phoenix, AZ. The plaintiff’s
legal team will usually prove that the defendant breached the duty of care
based on available evidence.
If you need legal help press right here Accident.USAttorneys.com. Legal help is
right around the virtual corner.
Causation
Proving that the defendant breached the
duty of care may be a pivotal part of a car accident lawsuit, but it certainly
is not the end of it. Even after proving that there was a breach of duty, the
plaintiff and his/her legal professional will also have to prove that this
breach in duty is what resulted in or caused the auto accident.
Damages
Last but not least, the plaintiff will
then have to show that the car accident caused him or her damages which are of
a compensable nature and will then have to extrapolate a dollar amount for
total damages being sought. This will include evidence such as medical bills,
repair bills, and so forth.
If you have suffered
losses in an auto accident, your best bet would be to reach out to
an Arizona accident lawyer. Remember that civil personal injury, wrongful death,
and property damage lawsuits are subjected to a statute of limitations so the
earlier you get started, the better.
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